non payment and holdover tenant eviction, which one is faster?

Question

I've notied my tenant 4 months ago that their lease won't be renewed, the original lease termination date is 3/31/2023. They've been living under charity rent assistance in the past two years which will end in Feb. I expect they won't pay the Mar rent, and eventually have to evicte them.

My question is shall I serve 10 days notice on 3/5/2023 if they don't pay the rent, then 4/1/2023 serve 30 days notice to quit for the holdvoer tenant? will this comlicated the case? cos i will have two cases going on to evict them simultaneously.

Or shall i just wait until 4/1/2023 to evict them for being holdover tenant cos I heard that eviction will be processed faster.

Any advice?

Patricia Steiner · Answer

@Nina Zou

Once you file for eviction, you don't refile for a second cause of action.  So when you file for eviction for non-payment of rent, you've filed for eviction and don't need to refile because of failure to depart.  Eviction means you are having the court demand they leave for cause.  Any cause.  So if they don't pay rent, know the minimum time your state or lease provides as term of default and give the Notice To Quit. If the tenant fails to pay by the time allocated in the Notice, you file for eviction.  That is the end game. You will not refile a second time for a second cause of action.

Hope this helps...

Mark Ito · Answer

I'll inbox you!

Nina Zou · Answer

Hi Patricia. I truly apprecaite your time to answer my questions. I'm thinking if there is no conflicts between the two Notice to Quit. I will service them the 10 days notice to quit around 3/5 ish for not paying the rent. Then file for eviction after 10 days. see how it goes. If they still don't move out within 10 days. I will keep the eviction going and servie them a 30 days Notice to Quit for being holdover tenant.

Do you think that will work? Do you know if I have to file the eviction two times follow each Notice to Quit? Cos 1st NQ will be for not payng the rent, 2nd NQ will be for holdbver tenant.

Nina Zou · Answer

I may have to try that. Do you give them the money on the date they move out? and ask them to sing anything?

Patricia Steiner · Answer

You manage to the lease.  Based on what you shared, I recommend:

1.  Sending another notice that the lease will not be renewed on 3/31/23 and that they will need to schedule a final walk with you on or before that date when the unit is completely empty of posessions, trash - and is cleaned so that any security deposit can be processed.  I would state something to the effect of "as a follow-up to the notice of four months ago, your lease will not be renewed..."  It's always good to remind them that they're not staying and that the end lease day is the last day.  I would also include that their March payment in the amount of $... will be due on or before March 1st.

2.  No payment on March 1st:  Send a Notice of Quit for the failure to pay rent. Depending on your state's law, this gives 3-days (in my state/I don't know where your property is located) to pay or eviction will begin.  If they're not going to pay, they don't get to stay - so you might as well speed up the eviction filing.  Again, manage to your lease.  And, don't accept a partial payment because that has been viewed by the court of acceptance and negates the eviction filing.

3.  There will not be two eviction cases. Failure to pay will be the eviction action and you will also provide your written notice of non-renewal with it.

If you have a security deposit that will cover the rent, check your state law to see if you can offset it to pay what is due to you in March - and avoid the eviction filing while setting up a date for their departure and final walk. I find when you keep the focus on departure, tenants tend to see that you're not dropping the ball.  Know your state law, manage to the lease, and act on the first default.

Hope this helps...

Mark Ito · Answer

Hey there Nina, not sure where you're at but i'd look into the laws surrounding evictions. You can never go wrong with verifying with an attorney. I'd also look into the possibility of cash for keys and/or assisting with their move. It sounds like they already won't have the money for rent. Eviction could cause more issues and will be more expensive than the ~$500-$1000 to get them out sooner than later. Otherwise you could potentially be looking at additional holding costs, repairs, and vacancy which costs WAY more than what they might move out for. Let us know how it goes!

Ben Scott · Answer

I'd lean on your state's Landlord/Tenant laws on the eviction process. Or reach out to a real estate attorney you trust.